Or. Admin. Code § 411-086-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-086-0040 - Admission of Residents

(1) Admission Conditions:

(a) The facility shall not accept or retain residents whose care needs cannot be met by the facility;

(b) No person shall be admitted to the facility except on the order of a physician;

(c) Admission medical information shall include a statement concerning the diagnosis and general condition of the resident, a medical history and physical, or a medical summary. Other pertinent medical information, orders for medication, diet, and treatments shall also be provided;

(d) Each resident record must, before admission and when updated, include the following information:

(A) Legal name for billing purposes.

(B) To promote person-centered care, any variance from legal records, as indicated by the resident regarding:

(i) Name.

(ii) Pronouns.

(iii) Gender identity.

(e) No resident shall be admitted to a bed in any location other than those locations shown in the most recent floor plan filed with the Division and under which the license was issued;

(f) No facility shall admit an individual who is mentally ill or mentally retarded unless the Division or local representative thereof has determined that such placement is appropriate.

(g) Upon admission of a resident, the facility shall provide the resident or the resident's representative with information developed by the Long-Term Care Ombudsman describing the availability and services of the ombudsman. The facility shall document that the facility provided this information as required.

(h) Upon admission, the facility shall provide to the resident a copy of the LGBTQIA2S+ Protections policy that includes the following statement:

"(Name of care facility) does not discriminate and does not permit discrimination, including but not limited to bullying, abuse or harassment, based on an individual's actual or perceived sexual orientation, gender identity, gender expression or human immunodeficiency virus status, or based on an individual's association with another individual on account of the other individual's actual or perceived sexual orientation, gender identity, gender expression or human immunodeficiency virus status. If you believe you have experienced this kind of discrimination, you may file a complaint with the Oregon Department of Human Services at (provide current contact information)."

(i) Upon admission, the facility shall provide to the resident a copy of the nondiscrimination policy as described in OAR 411-085-0210(1)(w).

(2) Admission Status, Preliminary Care Plan, Preliminary Nursing Assessment:

(a) A licensed nurse shall document the admission status of the resident within eight hours, including but not limited to skin condition, nutritional status, hydration status, mental status, vital signs, mobility, and ability to perform ADLs. This review of resident status shall be sufficient to ensure that the immediate needs of the resident are met;

(b) A licensed nurse shall develop a preliminary resident care plan within 24 hours of admission. Staff providing care for the resident shall have access to, be familiar with, and follow this plan;

(c) Social services shall be provided to the resident in accordance with the preliminary resident care plan not later than three days after admission;

(d) A registered nurse shall complete and document a comprehensive nursing assessment within 14 days of admission; (e) A resident care plan shall be completed pursuant to OAR 411-086-0060.

(3) Directives for Medical Treatment. Each resident shall be provided the following information and materials in written form within five days of admission, but in any event before discharge:

(a) A copy of "Your Right to Make Health Care Decisions in Oregon," copyright 1991, by the Oregon State Bar Health Law Section, which summarizes the rights of individuals to make health care decisions, including the right to accept or refuse any treatment or medication and the right to execute directives and powers of attorney for health care;

(b) Information on the facility's policies with respect to implementation of those rights;

(c) A copy of the Advance Directive form set forth in ORS 127.531 and a copy of the Power of Attorney for Health Care form set forth in ORS 127.610, along with a disclaimer attached to each form in at least 16-point bold type stating "You do not have to fill out and sign this form"; and

(d) The name and location of a person who can provide additional information concerning the forms for directives and powers of attorney for health care.

(4) Contracts, Agreements. Contracts, agreements and all other documents provided to, or required to be signed by, the resident shall not misrepresent or be inconsistent with the requirements of Oregon law. See OAR 411-085-0300 - 411-085-0350.

Or. Admin. Code § 411-086-0040

SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90; SSD 1-1991(Temp), f. & cert. ef. 1-4-91; SSD 10-1991, f. & cert. ef. 5-1-91; SSD 20-1991, f. & cert. ef. 12-2-91; APD 53-2019, temporary amend filed 12/23/2019, effective 01/01/2020 through 06/28/2020; APD 20-2020, amend filed 06/16/2020, effective 6/24/2020; APD 17-2024, temporary amend filed 03/29/2024, effective 4/1/2024 through 9/27/2024; APD 57-2024, amend filed 09/23/2024, effective 9/25/2024

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 410.070, 410.090, 441.055 & 441.122

Statutes/Other Implemented: ORS 441.055, 441.112, 441.114 & 441.615